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The council’s behaviour has been branded “appalling” and officials classed as “jobsworths” by disgruntled shoppers after planning chiefs revealed they had “exhausted all avenues to find a solution” in a dispute about the Hare Hatch garden centre’s expansion onto greenbelt land, which has been running for more than three years.

A number of customers have written to the council following the announcement and owner Rob Scott’s statement saying the decision was a “huge blow to the business, employees, suppliers, the community of Twyford and customers”.

In a lengthy reply (below) Mr Couldrick highlights the complex nature of the case and states “the owners will dispute a lot of what I have written but it is all a matter of public record” as he explains the council’s position.

Open letter:

In an open letter to Wokingham Borough Council’s chief executive Andy Couldrick and planning officials, Pauline Bentley wrote: “I would like to take issue with you regarding the appalling behaviour you have shown towards Sheeplands garden centre and its staff, by imposing sanctions that will almost certainly close it down.

“You appear to have shown no flexibility, or desire to bring this matter to a mutually agreeable end. In the process you are about to put many people out of work who really love and care about what they do. As a customer I love the quirkiness of the place and it’s knowledgeable, passionate staff. My late husband and I were frequent visitors, despite his disability, knowing that he would always be treated kindly and with consideration and respect. I am certain you know perfectly well that your actions will force the total closure of the centre.

"Stop being jobsworths and restore my faith in my local council"

"I wonder is it pure coincidence that you have chosen the election period to slide this under the table, in the hope that everyone will be too busy to notice?

"I for one will never vote for a Conservative council again having seen how you carelessly toss aside the wishes and feelings of the people you “supposedly” serve.

"All it needs is for you to show some desire to find a way to that addresses the needs of the council, Sheeplands and your constituents. Stop being “jobsworths”, do this and restore my faith in my local council. Go ahead, it may even make you feel like a human being instead of some faceless organisation that appears not to give a damn.”

The site faces competition from Wyevale, Ladds, a specialist centre opposite and a small farm outlet all within a quarter of a mile of each other.

The strategy adopted by the owner of Hare Hatch Sheeplands to compete has been to increase the retail space to approximately 10,000 sq m, a tenfold increase.

He achieved this by converting disused greenhouses for retail use and leasing the space out to companies selling products that were not permitted to operate in the greenbelt. All of this was done without any planning permission.

This only came to light following an application to redevelop the site which necessitated an audit of the operations at the site.

"Council was trying to help by giving owner 18 months to comply"

As a direct result of complaints about the misuse of the greenbelt land and the audit, an enforcement notice was issued requiring the owner to cease these unlawful activities and return the site to uses allowed by the policy protecting the greenbelt.

There were 17 planning breaches covered in the enforcement notice. Recognising the sensitivity around the financial situation and potential job losses the owner was given 18 months to comply with the enforcement notice to allow those retail companies who were leasing space to find alternative locations.

The normal length of time for compliance of an enforcement notice is around six months so the council was really trying to help the owner.

Supporters of Hare Hatch Sheeplands outside the Wokingham Council Offices, at the opening of the planning inquiry

The Public Inquiry to consider the appeals was postponed twice at the owner’s request which the council agreed to in order to allow extra time for a negotiated settlement to be found. A third date (May 2013) was also postponed because the council’s lead planning officer was seriously ill.

In April 2014 the owners withdrew their appeal against the enforcement notice and agreed to try and reach a negotiated solution with the council. This involved the removal of a number of the unauthorised activities.

"Owner added more unlawful retail operations during negotiations"

However, whilst this was going on the owner was adding yet more unlawful retail operations without planning permission, an act that was always going to exacerbate the situation.

As part of the negotiations to find a way forward the council asked for additional financial information.

These negotiations had been going on since 2012 so it is clear the council was doing everything in its power to find a solution that complied with greenbelt policy and allowed the centre to continue operating.

The latest approach by both parties was to investigate whether a “certificate of lawful use” could be issued for those unauthorised retail activities that could be demonstrated to have been operating continuously for more than 10 years and legally classified as being “established”.

Unfortunately, despite the owners being given ample opportunity to provide such evidence, what was provided was insufficient to make the case so the application had to be refused.

Current position

The council recognises staff and customers of the business must be very upset to hear the news that Wokingham Borough Council has come to a point where it has to enforce against the unlawful development at the site.

The borough has experienced development over the last few years and the council supports planned development in areas that are identified for this development.

This approach is set out in government policy and at a local level, through local plans. These documents also set out areas that should be protected from further development and contain policies to assist this.

Unfortunately, Hare Hatch Sheeplands is in such a location. Despite this, the development at the site has expanded without the necessary planning permission although this policy position has been communicated to the owner.

As addressed above, the council has tried to work with the owner to find a mutually acceptable solution but I am afraid the requirement of the owner to retain the extensive retail activity at the site is not something the council can support in a greenbelt location.

Despite exhaustive local efforts led by local elected members to seek a compromise, the situation has been frustrated by the owner who has refused to reduce the activity and development.

"It could set a precedent which would undermine the council’s ability to protect the greenbelt"

The council must look at the appropriateness of the land use not the personal circumstances of the owner as planning permission runs with the land.

The current business is operating as a retail facility and if the council does not enforce against this, it would set a precedent.

Therefore if a planning application for another retail use or type of development was submitted, it would prove more difficult for the council to refuse this. If the council did not take action against this use, this would seriously undermine its ability to protect the greenbelt from inappropriate development.

"Double standards"

A number of people have commented the council is being unreasonable in its action and suggested it has ‘double standards’ in enforcing against Hare Hatch Sheeplands but not against other garden centres in the area such as Wyevale Garden Centre.

This is not the case as the planning circumstances relating to these two sites are very different. Wyevale has a lawful planning use as a garden centre which has been established for many years and there are no unauthorised activities at the site to the best of the council’s knowledge.

Hare Hatch Sheeplands does not have a lawful garden centre use but a use as a nursery for growing plants. The uses at the site that do not comply with this horticulture use are unlawful with the exception of the café, farm shop and butchers.

"The enforcement notice does not signal the closure of the centre"

Mr Scott has claimed the centre would have to close as a result of complying with the enforcement notice but this is not the case. As addressed above, some of the activities are authorised and the business could also continue to grow and sell plants in the glasshouses.

Furthermore, a planning application could be submitted to retain some uses such as the farm and play area and these could be acceptable to the council.

Sheeplands owner Rob Scott with Daz the lamb and customers

The business could also propose other uses which the council could support and which are acceptable in the greenbelt. However, it is up to the owner to submit such proposals.

While the council has received a petition and emails supporting the retention of the business, it has also received complaints about the unauthorised nature of site.

The council has a duty to uphold its policies and to enforce against unlawful development across the borough.

As often the case with planning related issues, there are people that support development and those who do not.

The council has to act as fairly as possible in line with national and local policy but inevitably, this does mean sometimes, people feel their views and requirements are not met.